Title:
title
Whealey Acres Administrative Small Scale Future Land Use Map Amendment and Rezone - Consider a Small Scale Future Land Use Map Amendment from Commercial to Low Density Residential and a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) for eleven (11) existing single-family residential lots on approximately 3.7 acres, located north of W SR 426 and southeast of SR 417; (Z2023-09/04.23SS.01) (Seminole County Development Services, Applicant) District1 - Dallari (Maya Athanas, Project Manager).
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Agenda Category:
Public Hearing Items
Department/Division:
division
Development Services - Planning and Development
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Authorized By:
Mary Moskowitz
Contact/Phone Number:
Maya Athanas/ 407-665-7388
Motion/Recommendation:
1. Recommend the Board of County Commissioners adopt the proposed Ordinance enacting a Small Scale Future Land Use Map Amendment from Commercial to Low Density Residential and adopt the Ordinance enacting a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) for eleven (11) single-family residential lots on approximately 3.7 acres, located north of W SR 426 and southeast of SR 417; or
2. Recommend the Board of County Commissioners deny the Ordinance enacting a Small Scale Future Land Use Map Amendment from Commercial to Low Density Residential and deny the Ordinance enacting a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) for eleven (11) single-family residential lots on approximately 3.7 acres, located north of W SR 426 and southeast of SR 417; or
3. Continue the request to a time and date certain.
Background:
The Whealey Acres Subdivision is an antiquated plat, having been platted in 1957 per Sec. 15.3(a)(1) of the Seminole County Land Development Code. The homes were permitted to be built on the subject lots since the lots are vested, per the plat. In addition, some of the homes were built prior to the 1960’s before zoning was established in Seminole County. The Whealey Acres Subdivision currently has ten (10) individual lots. The eleventh parcel included in this proposed project is also legal nonconforming with the same zoning classification and future land use designation. Several current property owners signed a petition to request an administrative Future Land Use map amendment and rezoning of their property to allow residential uses only.
The County is acting as the applicant on behalf of the group of citizens who have requested a Small Scale Future Land Use Map Amendment from Commercial to Low Density Residential and a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) to more accurately reflect their established community of single-family residential homes.
Seminole County Development Service’s staff held a community meeting on May 16, 2023 at 6:00 pm at St. Alban’s Church, to gather information from the community and provide an opportunity for property owners of the subject properties to respond or provide feedback. All of the subject property owners were sent certified return receipt letters. Notification was also sent through standard mail to those same citizens and property owners of parcels within 500 feet. Staff delivered informational door hangers about the meeting as well. Tamara and Ian Dowling were the only attendees at the community meeting.
Staff received certified mailed receipts from three (3) property owners that had not previously submitted letters of support for the proposal. All subject property owners have confirmed notification of the request and no opposition has been indicated.
The subject property currently has a Commercial Future Land Use designation, which allows a maximum intensity of 0.35 Floor Area Ratio (FAR). The intent of the Commercial land use designation is to identify locations for a variety of commercial uses including neighborhood and community shopping centers, convenience stores, retail sales, highway oriented commercial, and other commercial services.
The proposed Future Land Use Map Amendment would change the Future Land Use of the subject property from Commercial to Low Density Residential, with a maximum net density of four (4) dwelling units per net buildable acre.
The Future Land Use and zoning designations of the surrounding area are as follows:
East: Future Land Use: Commercial
Zoning: Avila, FKA Noma) Planned Development with a maximum density of 17.5 dwelling units per acre
West: Future Land Use: Office
Zoning: A-1 (Agriculture)
North: Future Land Use: Office
Zoning: A-1 (Agriculture)
South: Future Land Use: (Aloma Business Center) Planned Development
Zoning: (Aloma Business Center) Planned Development that allows uses in the OP (Office District), CS (Convenience Commercial District), and C-3 (General Commercial and Wholesale District) zoning districts with certain exclusions.
Site Analysis
Floodplain Impacts:
Based on FIRM 12117C0260F, with an effective date of 9/28/2007, there appears to be no floodplains on the subject property.
Wetland Impacts:
Based on preliminary aerial photo and County wetland map analysis, there appears to be no wetlands on the subject property. If applicable, a topographic survey showing wetland and floodplain delineations will be required at the time any new development is proposed.
Endangered and Threatened Wildlife:
Based on a preliminary analysis, there may be endangered and threatened wildlife on the subject property. A listed species survey may be required prior to building permit approval, if applicable.
Utilities:
The site is located in the Seminole County utility service area and any undeveloped sites will be required to connect to public utilities.
Transportation/Traffic:
The property currently accesses from the south, through the Aloma business center from W SR 426. There is no change proposed for the access of the parcels.
Sidewalks:
There is no existing sidewalk along Wrights Road and Morning Dew Loop. There are no sidewalk requirements at this time for the proposed Small Scale Future Land Use Map Amendment and Rezone.
Drainage:
The proposed project is located within the Howell Creek Drainage Basin. The limited downstream capacity is currently unknown. A countywide Drainage Basin Study is currently underway and determination on the downstream capacity for this area will be made upon the release of this study.
Buffers and Open Space:
There are no open space or buffering requirements for the proposed Rezone and Small Scale Future Land Use Map Amendment.
Public School Capacity Determination:
Seminole County Public Schools provided a letter stating the proposed Rezone and Small Scale Future Land Use Map Amendment will have no impact, as the majority of the lots are already developed with single family homes.
Consistency with the Land Development Code
The proposed R-1A (Single Family Dwelling) zoning designation has been evaluated for compatibility with the Land Development Code of Seminole County in accordance with Chapter 30, Part 12.
The request is consistent with the Seminole County Land Development Code and the surrounding area since the subject properties are vested per the antiquated Whealey Acres Plat. The proposed Rezone and Small Scale Future Land Use Map Amendment supports the objectives of the R-1A zoning designation with existing single-family uses that are compatible with the surrounding zoning classifications.
Consistency with the Comprehensive Plan
The purpose and intent of the proposed Low Density Residential Future Land Use is to provide appropriate locations for standard detached single family residences at a maximum density of four dwelling units per net buildable acre, with a limited list of public purpose and special exception uses. This land
use requires a full range of basic services and facilities and may serve as an effective transitional use between more intense urban uses and Suburban Estates.
The proposed R-1A zoning classification is consistent with both the allowable use and density provisions of the proposed Low Density Residential future land use designation.
Staff finds the proposed Low Density Residential Future Land Use designation and R-1A zoning classification to be consistent with the Comprehensive Plan.
Staff Recommendation:
Recommend the Board of County Commissioners adopt the proposed Ordinance enacting a Small Scale Future Land Use Map Amendment from Commercial to Low Density Residential and adopt the Ordinance enacting a Rezone from A-1 (Agriculture) to R-1A (Single Family Dwelling) for eleven (11) single-family residential lots on approximately 3.7 acres, located north of W SR 426 and southeast of SR 417.